Milimani court has acquitted 24-year-old university student David Oaga Mokaya of charges for publishing false information through an AI-generated image depicting a funeral procession linked to President William Ruto. He was arrested in November 2024 amid Gen Z protests. The court dismissed the case due to insufficient evidence.
David Oaga Mokaya, a 24-year-old student at Moi University known as Landlord on X, was arrested in November 2024 after sharing a digitally manipulated image online. The post, dated November 13, 2024, depicted a casket draped in the Kenyan flag being escorted by military officers, with a caption implying it showed President Ruto's funeral procession.
He faced charges under Section 23 of the Computer Misuse and Cybercrimes Act, No. 5 of 2018, for publishing false information likely to cause fear or alarm. Prosecutors argued that the post misled the public and could incite panic, claiming it crossed the boundary from satire to criminal conduct.
However, on February 19, 2026, the Milimani Law Courts ruled there was insufficient evidence directly linking Mokaya to the offense, leading to his acquittal and dismissal of the charge under the cybercrime law.
Under Kenyan law, the Constitution's Article 33 guarantees freedom of expression, allowing citizens to seek, receive, and impart information subject to reasonable and justifiable limitations. Article 143 provides a sitting President with immunity from civil or criminal proceedings for acts performed in office, offering personal protection during their tenure. Sections 94 and 96 of the Penal Code may impose penalties for insulting conduct if it causes a breach of the peace or incitement, while Article 33 protects expression subject to justifiable limits.
A previous attempt to criminalize insults against public officials under Section 132 of the Penal Code was struck down in 2017 by the High Court, which deemed the provision vague, overly broad, and an unjustifiable restriction on free speech. The ruling marked a significant shift in handling criticism of public officials. More serious offenses, such as treason under Section 40 of the Penal Code, remain enforceable but target violent intent or government overthrow rather than mere online insults.
